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(영문) 대구지방법원 2020.06.10 2019나317589

물품대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 21, 2017, the Plaintiff, at the Defendant’s request, performed the supply and non-construction of raw materials (hereinafter “instant construction”) related to D D D construction located in the racing-si.

B. The Defendant paid to the Plaintiff KRW 5 million on March 24, 2017, and KRW 4 million on April 8, 2017, respectively, as the price for supply of requisitioned materials.

C. The Defendant recognized that the Plaintiff did not pay KRW 1.6 million for the non-intermediate construction work to the Plaintiff.

[Reasons for Recognition: Facts without dispute, Eul evidence 1-1, 2-2, purport of the whole pleadings]

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is that the Defendant received KRW 21,407,680 in total from the Defendant for the supply price of raw materials and the cost of the non-intermediate construction related to the instant construction, but the Defendant received KRW 9 million in total from the Defendant, and thus, the Defendant is obliged to pay the remainder amount of KRW 12,407,680 in total and damages for delay.

B. In light of the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 1.6 million for the non-paid construction costs, and the damages for delay calculated at the rate of 6% per annum under the Commercial Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, which is the date of August 21, 2018, which is the day following the delivery of a copy of the complaint of this case requested by the plaintiff, which is the day after August 11, 2018.

However, the Plaintiff’s claim in excess of the above part is insufficient to acknowledge it only by the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it, without merit.

[Plaintiffs submitted a statement (Evidence A1) and a statement of receipt (Evidence A2) as evidence for the above payment, but there is no signature or seal of the Defendant on each of the above documents, and the Defendant was at the time of the instant construction.